Edin Anael Solis-Rodriguez v. United States

A district court violates Rule 11 if it fails to provide the defendant with accurate information about the statutory minimum and maximum penalties at the time of the defendant’s guilty plea. See Fed. R. App. P. 11(b)(1)(H)-(I). If a defendant fails to object to such an error in the district court, any claim for relief on appeal is subject to the rigorous four-prong test under the plain-error standard of review. See United States v. Olano, 507 U.S. 725, 732 (1993). The question presented, on which the circuits are divided, is: Does a defendant’s failure to object to a Rule 11(b)(1)(H)-(I) error count against him twice, not only by subjecting him to the rigorous plain-error standard in the first place, but also by serving as a factor that weighs against a showing of prejudice under the standard’s third prong?